Terms of Service
This Terms of Service statement governs our relationship with users and others who interact with Trendicted, as well as Trendicted brands, products and services, which we call the “Trendicted Services” or “Services”. By using or accessing the Trendicted Services, you agree to this Statement, as updated from time to time in accordance with the “Amendments” section below. Additionally, you will find resources at the end of this document that help you understand the data policy for Trendicted. Because Trendicted provides and will provide a wide range of services, we may ask you to review and accept additional terms that apply to your interaction with a specific product, or service. Definitions
Definitions
By "Trendicted" or” Trendicted Services” we mean the features and services we make available, including through (a) our website at www.Trendicted.com and any other Trendicted branded or cobranded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button, Peeks , and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Trendicted reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these terms and conditions.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Trendicted or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Trendicted.
By "content" we mean anything you or other users post, provide or share using Trendicted Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Trendicted or provide to Trendicted through Platform.
By "post" we mean post on Trendicted or otherwise make available by using Trendicted.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean any definitive identifying marks used across the Trendicted website, app or associated products and services.
Amendments
Trendicted will notify you before we make changes to these Terms and conditions and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice via the application or website.
Your continued use of the Trendicted Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Trendicted to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, except for any remaining applicable sections.
Mobile Commerce
Trendicted offers a mobile commerce experience that allows users to buy and sell from other users, and also purchase items curated by Trendicted moderators. Trendicted currently manages payments between buyers, sellers and Trendicted through Paypal, and may chose to utilize other vendors in the future without prior notice to users. Paypal and all associated brands, logos, and marks are trademarks of Paypal. is not affiliated with Trendicted in any way besides as described above for 3rd party payment processing. Paypal reserves the right to its own terms and conditions and trademarks.
Fees
All final fees associated with a transaction and/or shipping are communicated to the User at the time of a sales or payout request transaction. Fees are provided at the time of listing for a Seller, but may change subject to shipping, taxes, other variable rates or changes made by the Seller. Fees will be subtracted from Seller’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees and taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract.
Shipping Fees. The shipping amount is payable by the Buyer or Seller (the party to the transaction is selected at the time of listing) and may vary based on location or shipping speed. The final fee is communicated at time of transaction. If we are contacted by one of our shipping carriers and/or if Trendicted is charged for postage due to use of incorrect shipping labels or weight classifications, Trendicted may remove the amount paid to the carrier on your behalf from your Account balance or invoice you separately.
Sales and Transaction Fees. Sales taxes will be added to the the final purchase as a means for Trendicted to collect the taxes from the buyer on behalf of the state from which the buyer transacted. Trendicted charges 9.5% of the item purchase price (or a flat fee of $2.80 whichever is greater) as a platform transaction fee to the Seller. Fees are subject to change and may increase or decrease with or without notice.
Return and Refund Fees. If buyer elects to return an item, for the return to be qualified for a full refund, the reasons for return must include either of the following; a) Item damaged in transit, b) Incorrect item, c) Item is not as described in listing or d) Item not shipped within expected time frame. Returns must also be initiated within 3 days after receiving the item from the seller. Buyer must also ship the returned item within 3 days of receiving the shipping label. Refunds meeting all the above criteria will be refund in full to the buyer. Any exceptions will be at the discretion of Trendicted. Trendicted will collect a refund fee of 2% of the item cost up to a $10 maximum.
Payouts. Proceeds from sales transactions are held in a secure Trendicted repository until deliveries are finalized. Proceed are disbursed to sellers only after a payout request is received via the app. To receive payouts Trendicted users must have a verified Paypal account. Payouts are subject to the platform fees mentioned above.
Curating
Curating on Trendicted is done via two methods. 1) Trendicted Users can create a curator account and post their own affiliate partner links to their content. 2) Trendicted Curators can post Trendicted affiliate partner links to any content posted on Trendicted. Curator subscriptions currently carry a fee of $0.99. These fees are subject to change with or without notice.
Trendicted reserves the right to curate content posted on Trendicted and under no circumstance is obligated to remit any royalties or any other reimbursements to users for curating user post or content on Trendicted.
Trendicted will curate any content that belongs to Trendicted users with registered active curator accounts.
Affiliate Partner Links
Post your affiliate partner links for as many items that you can in your wardrobe. Your links should take users to where they can find the exact or equivalent items from your content based on your curating.
Any links posted on the curator portal and then accessed on the Trendicted mobile application or website must not be harmful, malicious, or otherwise expose Trendicted or other Trendicted users to any risk of malicious software or code. Any violations will result in your Curator and Trendicted accounts terminated immediately.
Donating
Donating on Trendicted is managed via the donation portal within a users wardrobe. Trendicted manages donations via its affiliated non-profit organization “Enclothe”. Enclothe may at its own discretion choose to disburse donations to individuals and or intermediary organizations. When donations are made Trendicted will provide a donation receipt either from itself or from an intermediary organization in the amount of the fair value listed for the donated items. Donation receipts are valid for use within US and other applicable countries and territories.
Others
Regardless of your place or business or residence, this Statement is an agreement between you and Trendicted, LLC.
This Statement makes up the entire agreement between the parties regarding Trendicted, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Trendicted.
Data and Privacy
Your privacy is important to Trendicted. We designed our Data Policy to make important disclosures about how you can use Trendicted to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
Sharing Your Content and Information
You own all of the content and information you share on Trendicted, and you can control how it is shared through your privacy settings. In addition:
For content that is covered by intellectual property rights, for example photos and (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Trendicted (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you post content using the default privacy settings, it means that you are allowing everyone, including people off of Trendicted, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Trendicted, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep Trendicted safe, but we cannot guarantee it. We need your help to keep Trendicted safe, which includes the following commitments by you:
You will not collect users' content or information, or otherwise access Trendicted, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Trendicted.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Trendicted to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Trendicted, such as a denial of service attack or interference with page rendering or other Trendicted functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
You will not post unauthorized commercial communications (such as spam) on Trendicted.
Registration and Account Security
Trendicted users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not use Trendicted if you are under the age of 13.
You will not use Trendicted if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not provide any false personal information on Trendicted, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your wardrobe primarily for your own commercial gain, and will use a Trendicted Market Place store for such purposes.
You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account, wardrobe or store, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Trendicted that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Trendicted if we believe that it violates this Statement or our policies.
We provide you with tools to help you protect your intellectual property rights. You can utilize the report button or Trendicted contact email address.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Trendicted) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Trendicted.
You will not tag users or send email invitations to non-users without their consent.
Mobile and Other Devices
We currently provide our mobile services for free. However, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Trendicted within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Trendicted.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Trendicted exclusively in the U.S. District Court for the Northern District of Atlanta or a state court located in Dekalb County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Georgia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Trendicted, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Trendicted and are not responsible for the content or information users transmit or share on Trendicted. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Trendicted. We are not responsible for the conduct, whether online or offline, of any user of Trendicted.
WE MAKE EVERY EFFORT TO KEEP TRENDICTED RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TRENDICTED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TRENDICTED WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TRENDICTED WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TRENDICTED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TRENDICTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TRENDICTED WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LOCAL US LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRENDICTED'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Prohibited conduct
By using our Service, you agree to follow the rules and manners as included in our Help Center and in our Terms of Service and Policies. By using our Service, you agree not to engage in the following Prohibited Conduct:
· Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
· Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
· Communicating, posting, listing, or soliciting any items or engaging in any conduct that glorifies hatred, violence, intolerance or discrimination based on religion, sexual orientation, gender, race, or ethnic background.
· Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
· Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
· Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying your age, date of birth or other information;
· Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.
Trendicted may take any of the following actions on an account that has violated our Policies or if Trendicted suspects prohibited conduct has occurred:
· We may contact Users or utilize a third party verification service to verify User Information.
· Trendicted may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
· Trendicted may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Trendicted.
· Trendicted may hold funds after termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct as stated in our Terms of Service.
We may update our list of Prohibited Conduct from time to time. The following is a list of actions Trendicted restricts users from participating in:
Accounts
· Having multiple Trendicted accounts
· Creating a new account after being limited or permanently banned
· Creating a new account to bypass restrictions on another account
Listings
· Listing a Prohibited Item per our prohibited items policy
· Creating multiple listings of the same item
· Excessive reposting of previously listed items
· Listing an item that is not actually for sale
· Listing items without the intent to sell
· Listing items with the intent to sell to certain users only
· Using a stock or advertisement photo as the only image
· Using photos that you do not own or have taken yourself
· Using another member's photos or words without their consent
· Listing an excessive amount of search keywords
· Setting unrelated categories
· Setting a false brand
· Listings that do not specify size, color, quantity, etc.
· Listings that require users to specify size, color, quantity, etc.
· Listing in auction, raffle, or giveaway format
· Listing free items for purchase
· Listing another user’s personal information in a manner other than specified by Trendicted
· Listing a single product with the purchase price divided into multiple parts
· Listing an item that promotes hatred, violence or discrimination
Transactions
· Encouraging payments or donations outside of Trendicted
· Proposing or completing a transaction in person
· Proposing a trade, exchange, partial exchange, or swap
· Two members reducing the price of their own items and purchasing from each other
· Requiring or encouraging a direct transfer of a product
· Shipping internationally
· Shipping directly from a manufacturer
· Selecting inappropriately priced shipping labels
· Proposing payment for all or part of the item on delivery
· Returns unauthorized by Trendicted
· Asking a Buyer to rate a transaction before the item is received
· Using Trendicted for the purpose of money laundering
· Using Trendicted to buy and sell from yourself, or to send funds to yourself
· Using Trendicted for the purpose of utilizing shipping labels for your benefit
· Providing invalid tracking
Solicitations
· Soliciting users to an external website
· Soliciting transactions to an external website
· Soliciting users to provide personal information
· Soliciting other users to list Prohibited Items or engage in Prohibited Conduct
· Soliciting donations whether or not associated with a listing
Other
· Threats
· Slander
· Trolling
· Indecent behavior
· Spamming
· Copyright infringement
· Posting false information
· Abuse of the invite credits system by offering independent rewards for users signing up
· Actions for the intentions of dating
Please feel free to reach out to Trendicted if you notice or are solicited for such actions. You can also utilize the content flag features to flag inappropriate posted content or items.
Prohibited Items
Trendicted prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service irrespective of the Sellers intention. If Trendicted determines that a listing is in violation or is otherwise inappropriate Trendicted may, at its discretion, remove the listing and cancel any related transactions up to and including account termination or suspension.
Trendicted may not be used in connection with any product, service, transaction or activity that in general:
· Violates any law or government regulation, or promotes or facilitates such action by third parties;
· Is fraudulent, deceptive, unfair or predatory;
· Causes or threatens to damage Trendicted’s reputation;
· Violates the terms of any bank, card or electronic funds transfer network;
· Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability;
As a general rule: Any item may be removed at the discretion of the company.
The list of Prohibited Items may be updated from time to time at Trendicted’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
Trendicted may not be used to sell any of the following products or services:
· Anything illegal
· Counterfeit goods or goods infringing on a third party's intellectual property rights:
o Listings of non-brand, non-genuine, imitation, fake, or replica
o Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
o Note: For brand-name products, serial numbers or receipts must be available when listing the item.
· Weapons including:
o Firearms and firearm parts; including airsoft and bb guns
o Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector
o Explosives or military ordinance
o Self defense weapons
· Alcohol
· Tobacco products:
o Cigarettes
o E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage
o Vaporizing liquid without nicotine
· Drugs including:
o Illegal drugs or narcotics
o Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
o Products, tools, or services specifically offered or intended to be used to create or use drugs
o Grow ingredients for drugs (such as seeds for cannabis plants)
· FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies and homemade cosmetics (any ingestibles):
o Listings or items descriptions that offer miracle cures such as “anti-aging”, “cancer protection”
o Listings that make false health claims or misuse terms (such as “virus”, "epidemic")
o Items that contain cannabidiol (CBD)
· Inflated prices where listings attempt to profit from tragedies and disasters (such as “paradise fire”, “coronavirus outbreak” etc)
· Stolen goods:
o Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
· Items used for identity theft (such as account credentials, user login information, and/or account access codes)
· Any item that contains a computer virus, malware, or spyware
· Digital items - any items where the order is fulfilled electronically or requires a download such as:
o Ebooks, PDF files, user generated content (UGC) or items for online games
· Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear
· Explicit items:
o Sexually explicit items such as sex toys and fetish items
· Offensive listings:
o Items, listings, photos or content that promote or glorify hatred, violence, racism or discrimination aren't allowed (determined at Trendicted’s discretion).
· Items not in your possession:
o Dropshipping
o Advertisements or listings for objects being sought
o Items you do not currently have that are on order
o Coupons to purchase products
· Items that are a safety hazard
o Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the ship on your own option.
· Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies)
· Age restricted products or products that require a legal approval, seller/buyer registration or licenses to be sold
· Gambling, including using this service for raffles and mystery purchases
· Financial products and services such as:
o Bonds, securities, warranties and insurance
o All currency in circulation of any denomination except collectibles
o Precious metals including bullion or bars
o Buying and selling gift cards or prepaid cards
· Accessories or other items made from live animals or trafficked materials (such as ivory or shark fins)